8:22-cv-00011-BCB-SMB Doc # 1-1 Filed: 01/10/22 Page 1 of 9 - Page ID # 5
`Filed in Douglas District Court
`*** EFILED ***
`Case Number: D01CI210010617
`Transaction ID: 0014598220
`Filing Date: 10/29/2021 08:21:17 AM CDT
`IN THE DISTRICT COURT OF DOUGLAS COUNTY, NEBRASKA
`
`Case No. CI 21-
`
`COMPLAINT
`
`)))))))))))
`
`CHRIS CONRAD and SALLY CONRAD,
`HUSBAND AND WIFE, and TAYLOR
`BISHOP,
`
`Plaintiffs,
`
`vs.
`
`AMNEAL PHARMACEUTICALS, INC.,
`
`Defendant.
`
`COMES NOW, Plaintiffs and for their cause of action against Defendant allege
`
`and state as follows:
`
`1.
`
`Plaintiffs Chris and Sally Conrad (the “Conrads”) are residents of Sarpy
`
`County, Nebraska.
`
`2.
`
`Plaintiff Taylor Bishop (“Bishop”) is a resident of Douglas County,
`
`Nebraska.
`
`3.
`
`Defendant, Amneal Pharmaceuticals, Inc. (“Amneal”), is a Delaware
`
`corporation with its principal place of business at 400 Crossing Blvd., Bridgewater, NJ
`
`08807. At all times material to this case, Amneal has been engaged in the
`
`manufacturing, sale, and distribution of Metformin HCl ER, USP in the United states and
`
`distribution and sale in Nebraska.
`
`4.
`
`5.
`
`6.
`
`Venue is proper.
`
`The Court has jurisdiction as to all events material hereto.
`
`Metformin is an oral medication that is used in the treatment of type-2
`
`diabetes. It is one of the topmost prescribed medications in the United States.
`
`1
`
`

`

`8:22-cv-00011-BCB-SMB Doc # 1-1 Filed: 01/10/22 Page 2 of 9 - Page ID # 6
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`7. On or about November 2018 Bishop was diagnosed with Polycystic ovary
`
`syndrome (“PCOS”) by Peggy an APRN with LifeCare Family Medicine in Bellevue,
`
`Nebraska. She was prescribed Metformin Extended Release on this date to treat the
`
`symptoms of her PCOS.
`
`8.
`
`Bishop had her thyroid levels checked prior to starting Metformin as a
`
`routine test at her doctor visit, at which time they were normal and not above/below
`
`average.
`
`9.
`
`Bishop was diagnosed with Thyroid Cancer in July of 2019, when she
`
`discontinued use of Metformin.
`
`10.
`
`There are 11 manufacturers and 6 name brands of Metformin on the
`
`market.
`
`11.
`
`As of July 13, 2020, several batches of metformin made by different drug
`
`manufacturers tested positive for a potential carcinogen. This carcinogen was known to
`
`cause thyroid cancer.
`
`12.
`
`Because of this carcinogen the FDA requested that Metformin be taken off
`
`the market by the manufacturers.
`
`13.
`
`As of October 5, 2020, the FDA reported that Amneal Pharmaceuticals
`
`recalled their Metformin prescriptions whether expired or not.
`
`14.
`
`At the time of her diagnosis in July of 2019, Amneal Pharmaceuticals
`
`knew, or should have known, about the carcinogen in Metformin.
`
`15.
`
`Amneal is required to complete testing on their medications routinely to
`
`make sure that there are no possibly harmful effects or ingredients in them.
`
`2
`
`

`

`8:22-cv-00011-BCB-SMB Doc # 1-1 Filed: 01/10/22 Page 3 of 9 - Page ID # 7
`
`16.
`
`Amneal has been the subject of multiple FDA investigations into their
`
`manufacturing practices and history of ongoing violations with their medications.
`
`17.
`
`In one of the most recent inspections done by the FDA of Amneal they
`
`were cited for not reviewing the testing data obtained on their manufactured medications.
`
`18.
`
`Amneal’s Metformin is accompanied by and FDA approved label which
`
`gives the consumes the false idea that it is safe and approved by the FDA and that the
`
`testing done meets the standards set by the FDA, are safe for consumption, and are
`
`without the harmful carcinogens present in the Metformin.
`
`19.
`
`Bishop’s thyroid levels were normal prior to taking the Metformin
`
`manufactured by Amneal. There is no history of thyroid cancer in the family and no other
`
`indications of the cause of her diagnosis other than the Metformin carcinogen.
`
`20.
`
`Bishop had to undergo surgery and treatment in the amount of $60,000.00
`
`for the thyroid cancer and will continue to undergo treatment in the amount of $600.00
`
`per year for the rest of her life.
`
`21.
`
`Bishop will suffer not having a thyroid for the rest of life and need to take
`
`medication to regulate her body’s metabolic rate that controls her heart, muscle and
`
`digestive functions. Bishop is also now more susceptible to a secondary cancer.
`
`22.
`
`Amneal would have known of the carcinogen in their Metformin if they had
`
`followed the testing regulations set by the FDA and reviewed the raw data as required.
`
`As such they allowed a harmful product to be put on the market for consumers, under
`
`the guise that it was safe and approved by the FDA.
`
`23.
`
`Bishop would not have agreed to take, and her doctor would not have
`
`prescribed her a medication, that they knew was not properly tested under the FDA
`
`3
`
`

`

`8:22-cv-00011-BCB-SMB Doc # 1-1 Filed: 01/10/22 Page 4 of 9 - Page ID # 8
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`standards. Amneal falsely labeled their Metformin to mislead Bishop to take the
`
`prescription which led to her thyroid cancer and injuries.
`
`WHEREFORE, Plaintiffs pray the Court enter an order against Defendant for strict
`
`liability for an award of $2,000,000.00 for past and future medical expenses. Further,
`
`Plaintiffs pray for judgment in their favor and against the Defendant for attorney fees and
`
`other and further relief as the Court finds just and equitable.
`
`DATED this
`
`day of October, 2021.
`
`CHRIS CONRAD and SALLY
`CONRAD, and TAYLOR BISHOP,
`Plaintiffs,
`
`By: ___________________________
`ZACHARY LUTZ-PRIEFERT, #25902
`ALEXANDRIA M. BARTELS #27018
`GROSS & WELCH, P.C., L.L.O.
`1500 Omaha Tower
`2120 South 72nd Street
`Omaha, NE 68124
`(402) 392-1500
`zlutzpriefert@grosswelch.com
`abartels@grosswelch.com
`Attorneys for Plaintiffs
`
`14270-1/6HT3912
`
`4
`
`/s/Zachary W. Lutz-Priefert
`
`29
`
`

`

`Image ID:
`D00762381D01
`
`Doc. No.
`
`762381
`
`IN THE DISTRICT COURT OF Douglas COUNTY, NEBRASKA
`1701 Farnam
`Omaha
`
`NE 68183
`
`Chris Conrad v. Amneal Pharmaceuticals, Inc.
`
`Case ID: CI 21
`
`10617
`
`TO: Amneal Pharmaceuticals, Inc.
`
`You have been sued by the following plaintiff(s):
`
`Chris Conrad
`Taylor Bishop
`
`Sally Conrad
`
`Plaintiff's Attorney:
`Address:
`
`Telephone:
`
`Zachary W Lutz-Priefert
`1500 Omaha Tower
`2120 S 72nd St.
`Omaha, NE 68124
`(402) 392-1500
`
`A copy of the complaint/petition is attached. To defend this lawsuit, an
`appropriate response must be served on the parties and filed with the office of
`the clerk of the court within 30 days of service of the complaint/petition. If
`you fail to respond, the court may enter judgment for the relief demanded in the
`complaint/petition.
`
`Date: OCTOBER 29, 2021
`
`BY THE COURT:
`
`Clerk
`
`PLAINTIFF'S DIRECTIONS FOR SERVICE OF SUMMONS AND A COPY OF THE
`COMPLAINT/PETITION ON:
`
`Amneal Pharmaceuticals, Inc.
`400 Crossing Blvd.
`Bridgewater, NJ 08807
`
`Method of service: Certified Mail
`
`You are directed to make such service within ten days after the date of issue,
`and file with the court clerk proof of service within ten days after the signed
`receipt is received or is available electronically, whichever occurs first.
`
`

`

`Douglas District Court
`1701 Farnam
`Omaha
`
`NE 68183
`
`To:
`Case ID: CI 21
`
`10617 Conrad v. Amneal Pharmaceuticals, Inc.
`
`Doc. No.
`
`762381
`
`To: Amneal Pharmaceuticals, Inc.
`400 Crossing Blvd.
`
`Bridgewater, NJ 08807
`
`From: Zachary W Lutz-Priefert
`1500 Omaha Tower
`2120 S 72nd St.
`Omaha, NE 68124
`
`

`

`8:22-cv-00011-BCB-SMB Doc # 1-1 Filed: 01/10/22 Page 7 of 9 - Page ID # 11
`Filed in Douglas District Court
`*** EFILED ***
`Case Number: D01CI210010617
`Transaction ID: 0014598220
`Filing Date: 10/29/2021 08:21:17 AM CDT
`IN THE DISTRICT COURT OF DOUGLAS COUNTY, NEBRASKA
`
`Case No. CI 21-
`
`PRAECIPE FOR SUMMONS
`
`)))))))))))
`
`CHRIS CONRAD and SALLY CONRAD,
`HUSBAND AND WIFE, and TAYLOR
`BISHOP,
`
`Plaintiffs,
`
`vs.
`
`AMNEAL PHARMACEUTICALS, INC.,
`
`Defendant.
`
`TO THE CLERK OF SAID COURT:
`
`Please issue Summons, to be served by certified mail, upon the Defendant, at the
`
`following address:
`
`Amnael Pharmaceuticals, Inc.
`400 Crossing Blvd.
`Bridgewater, NJ 08807
`
`Plaintiff will serve a copy of the Complaint filed herein with each Summons.
`
`Dated this 29th day of October, 2021.
`
`CHRIS CONRAD and SALLY CONRAD,
`and TAYLOR BISHOP, Plaintiffs,
`
`By: /s/Zachary W. Lutz-Priefert_____
`ZACHARY LUTZ-PRIEFERT, #25902
`ALEXANDRIA M. BARTELS #27018
`GROSS & WELCH, P.C., L.L.O.
`1500 Omaha Tower
`2120 South 72nd Street
`Omaha, NE 68124
`(402) 392-1500
`zlutzpriefert@grosswelch.com
`abartels@grosswelch.com
`Attorneys for Plaintiffs
`
`14270-1/6I43442
`
`
`
`

`

`8:22-cv-00011-BCB-SMB Doc # 1-1 Filed: 01/10/22 Page 8 of 9 - Page ID # 12
`Filed in Douglas District Court
`*** EFILED ***
`Case Number: D01CI210010617
`Transaction ID: 0014946166
`Filing Date: 12/16/2021 01:48:21 PM CST
`Doc. NO. 762381
`
`SERVICE RETURN
`
`Douglas District Court
`
`1701 Farnam
`
`Omaha
`
`NE 68183
`
`To:
`Case ID: CI 21 10617 Conrad v, Araneal Pharmaceuticals, Inc.
`
`Received this Summons on
`
`,
`
`. I hereby certify that on
`
`at
`
`o'clock M. I served copies of the Summons
`
`upon the party:
`
`by
`
`as required by N^raska state law.
`
`Servicj
`
`SENDER: COMPLETE THIS SECTION
`
`COMPLETE THIS SECTION ON DELIVERY
`
`Copy
`
`MileaQ
`
`Complete items 1,2, and 3.
`n Print your name and address on the reverse
`so that we can return the card to you.
`n Attach this card to the back of the mallplece,
`TO!
`space permits.
`1. Article Addressed to:
`Date: Anineal Pharmaceuticals, Inc.
`400 Crossing Blvd.
`Bridgewater, NJ 08807
`
`A. Signature
`
`B. Received by printed Name)
`
`□ Agent
`□ Addressee
`C. Date of Delivery
`
`D. Is deiiveiy address different from Item 1? □ Yes
`If YES, enter delivery address below:
`
`Copies
`TO TH
`
`At the
`
`on the
`
`III
`
`9590 9402 6727 1060 9679 82
`P ArtiHia Miimhor/7?»nsfor ftnm Sfln/frifl
`7DB1 D8SD DDDD 3X73 BTSt
`PS Form 3811, July 2020 PSN 7530-02-000-9053
`day of OgCg'rc-V>er
`
`3. Service Type
`□ Adult Signature
`□ Adult Signature Restricted DeDvery
`StPertined Mali®
`□ Certffled Mall Restricted [Mvery
`□ Collect on Delivery
`□ Collect on Delivery Restricted Delivery
`□ Insured Mail
`□ insutsd Mail Restricted Delivery
`(over $500)
`
`□ Priority Mall I
`□ Registered Mail™
`□ Registered Mall Restricted
`Delivery
`□ Sgnature Conflrmation™
`□ Signature Confirmation
`Restricted Delivery
`
`Domestic Return Receipt «
`c^o^\ . as required by Nebraska state law.
`
`3>
`Postage $
`Attorney for:
`VP- -
`The return receipt for mailing to the party was signed on
`From: Zachary W Lutz-Priefert
`To: Amneal Pharmaceuticals, Inc.
`400 Crossing Blvd.
`1500 Omaha Tower
`2120 S 72nd St.
`Omaha, NE 68124
`
`Bridgewater, NJ 08807
`
`j.
`
`ATTACH RETURN RECEIPT 1 RETURN TO COURT
`
`

`

`8:22-cv-00011-BCB-SMB Doc # 1-1 Filed: 01/10/22 Page 9 of 9 - Page ID # 13
`Certificate of Service
`
` I hereby certify that on Thursday, December 16, 2021 I provided a true and correct copy of
`the Return-Summons/Alias Summons to the following:
`
` Conrad,Chris, represented by BARTELS, ALEXANDRIA M. (Bar Number: 27018) service
`method: Electronic Service to abartels@grosswelch.com
`
` Amneal Pharmaceuticals, Inc. service method: Certified Mail
`
` Conrad,Sally, represented by BARTELS, ALEXANDRIA M. (Bar Number: 27018) service
`method: Electronic Service to abartels@grosswelch.com
`
` Bishop,Taylor, represented by BARTELS, ALEXANDRIA M. (Bar Number: 27018) service
`method: Electronic Service to abartels@grosswelch.com
`
` Signature: /s/ LUTZ-PRIEFERT, ZACHARY WILLIAM (Bar Number: 25902)
`
`